Good day! Child custody cases are usually complex and require an in-depth understanding of the legal framework. In the Philippines, it is primarily the child's best interests that the court considers in custody cases. According to Article 213 of the Family Code, a child under seven years of age is not separated from the mother, except when the court finds compelling reasons to order otherwise.
The sexual orientation of the mother or her new partner is not a valid basis for determining her fitness as a parent. It is essential to establish that the mother is unfit to take care of the child, with concrete evidence like neglect, abuse, or inability to provide for the child's needs.
From your message, it seems that the father has mainly been providing for the child financially. While this is significant, full custody also involves a broader determination of the child’s welfare, considering emotional, mental, and psychological aspects.
If you believe that the child's welfare and best interests are jeopardized with the mother, it would be best to consult a legal professional. They can help guide you on the necessary steps and gather appropriate evidence. This could potentially involve evidence of the mother’s neglect or failure to contribute to the child’s needs. But remember, the court will always prioritize what is in the best interest of the child.
Please note that this advice is for general guidance, and it's always best to consult with a legal professional in your area for advice tailored to your situation.
